Migratory Bird Hunting; Proposed 2014-15 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2016 Spring and Summer Migratory Bird Subsistence Harvest Proposals in Alaska, 24511-24522 [2014-09572]
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Vol. 79
Wednesday,
No. 83
April 30, 2014
Part II
Department of the Interior
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Fish and Wildlife Service
50 CFR Part 20
Migratory Bird Hunting; Proposed 2014–15 Migratory Game Bird Hunting
Regulations (Preliminary) With Requests for Indian Tribal Proposals and
Requests for 2016 Spring and Summer Migratory Bird Subsistence Harvest
Proposals in Alaska; Proposed Rule
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Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / Proposed Rules
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–R9–HQ–2014–00017;
FF09M21200–134–FXMB1231099BPP0]
RIN 1018–AZ80
Migratory Bird Hunting; Proposed
2014–15 Migratory Game Bird Hunting
Regulations (Preliminary) With
Requests for Indian Tribal Proposals
and Requests for 2016 Spring and
Summer Migratory Bird Subsistence
Harvest Proposals in Alaska
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; availability of
supplemental information.
AGENCY:
The U.S. Fish and Wildlife
Service (hereinafter the Service or we)
proposes to establish annual hunting
regulations for certain migratory game
birds for the 2014–15 hunting season.
We annually prescribe outside limits
(frameworks) within which States may
select hunting seasons. This proposed
rule provides the regulatory schedule,
describes the proposed regulatory
alternatives for the 2014–15 duck
hunting seasons, requests proposals
from Indian tribes that wish to establish
special migratory game bird hunting
regulations on Federal Indian
reservations and ceded lands, and
requests proposals for the 2016 spring
and summer migratory bird subsistence
season in Alaska. Migratory game bird
hunting seasons provide opportunities
for recreation and sustenance; aid
Federal, State, and tribal governments in
the management of migratory game
birds; and permit harvests at levels
compatible with migratory game bird
population status and habitat
conditions.
SUMMARY:
You must submit comments on
the proposed regulatory alternatives for
the 2014–15 duck hunting seasons on or
before June 27, 2014. Following
subsequent Federal Register notices,
you will be given an opportunity to
submit comments for proposed earlyseason frameworks by July 29, 2014, and
for proposed late-season frameworks
and subsistence migratory bird seasons
in Alaska by August 29, 2014. Tribes
must submit proposals and related
comments on or before June 5, 2014.
Proposals from the Co-management
Council for the 2016 spring and summer
migratory bird subsistence harvest
season must be submitted to the Flyway
Councils and the Service on or before
June 13, 2014.
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DATES:
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You may submit comments
on the proposals by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–HQ–MB–2014–
0017.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–HQ–
MB–2014–0017; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
MS 2042–PDM; Arlington, VA 22203.
We will not accept emailed or faxed
comments. We will post all comments
on https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see the Public Comments section below
for more information).
Send your proposals for the 2016
spring and summer migratory bird
subsistence season in Alaska to the
Executive Director of the Comanagement Council, U.S. Fish and
Wildlife Service, 1011 E. Tudor Road,
Anchorage, AK 99503; or fax to (907)
786–3306; or email to ambcc@fws.gov.
FOR FURTHER INFORMATION CONTACT: Ron
W. Kokel, at: Division of Migratory Bird
Management, U.S. Fish and Wildlife
Service, Department of the Interior, MS
MBSP–4107–ARLSQ, 1849 C Street
NW., Washington, DC 20240; (703) 358–
1714. For information on the migratory
bird subsistence season in Alaska,
contact Donna Dewhurst, U.S. Fish and
Wildlife Service, 1011 E. Tudor Road,
Mail Stop 201, Anchorage, AK 99503;
(907) 786–3499.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
DEPARTMENT OF THE INTERIOR
Background and Overview
Migratory game birds are those bird
species so designated in conventions
between the United States and several
foreign nations for the protection and
management of these birds. Under the
Migratory Bird Treaty Act (16 U.S.C.
703–712), the Secretary of the Interior is
authorized to determine when ‘‘hunting,
taking, capture, killing, possession, sale,
purchase, shipment, transportation,
carriage, or export of any * * * bird, or
any part, nest, or egg’’ of migratory game
birds can take place, and to adopt
regulations for this purpose. These
regulations are written after giving due
regard to ‘‘the zones of temperature and
to the distribution, abundance,
economic value, breeding habits, and
times and lines of migratory flight of
such birds’’ and are updated annually
(16 U.S.C. 704(a)). This responsibility
has been delegated to the Service as the
lead Federal agency for managing and
conserving migratory birds in the
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United States. However, migratory game
bird management is a cooperative effort
of State, Tribal, and Federal
governments.
The Service develops migratory game
bird hunting regulations by establishing
the frameworks, or outside limits, for
season lengths, bag limits, and areas for
migratory game bird hunting.
Acknowledging regional differences in
hunting conditions, the Service has
administratively divided the Nation into
four Flyways for the primary purpose of
managing migratory game birds. Each
Flyway (Atlantic, Mississippi, Central,
and Pacific) has a Flyway Council, a
formal organization generally composed
of one member from each State and
Province in that Flyway. The Flyway
Councils, established through the
International Association of Fish and
Wildlife Agencies (IAFWA), also assist
in researching and providing migratory
game bird management information for
Federal, State, and Provincial
governments, as well as private
conservation agencies and the general
public.
The process for adopting migratory
game bird hunting regulations, located
at 50 CFR part 20, is constrained by
three primary factors. Legal and
administrative considerations dictate
how long the rulemaking process will
last. Most importantly, however, the
biological cycle of migratory game birds
controls the timing of data-gathering
activities and thus the dates on which
these results are available for
consideration and deliberation.
The process includes two separate
regulations-development schedules,
based on early and late hunting season
regulations. Early hunting seasons
pertain to all migratory game bird
species in Alaska, Hawaii, Puerto Rico,
and the Virgin Islands; migratory game
birds other than waterfowl (i.e., dove,
woodcock, etc.); and special early
waterfowl seasons, such as teal or
resident Canada geese. Early hunting
seasons generally begin before October
1. Late hunting seasons generally start
on or after October 1 and include most
waterfowl seasons not already
established.
There are basically no differences in
the processes for establishing either
early or late hunting seasons. For each
cycle, Service biologists gather, analyze,
and interpret biological survey data and
provide this information to all those
involved in the process through a series
of published status reports and
presentations to Flyway Councils and
other interested parties. Because the
Service is required to take abundance of
migratory game birds and other factors
into consideration, the Service
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undertakes a number of surveys
throughout the year in conjunction with
Service Regional Offices, the Canadian
Wildlife Service, and State and
Provincial wildlife management
agencies. To determine the appropriate
frameworks for each species, we
consider factors such as population size
and trend, geographical distribution,
annual breeding effort, the condition of
breeding and wintering habitat, the
number of hunters, and the anticipated
harvest.
After frameworks are established for
season lengths, bag limits, and areas for
migratory game bird hunting, States may
select season dates, bag limits, and other
regulatory options for the hunting
seasons. States may always be more
conservative in their selections than the
Federal frameworks but never more
liberal.
Notice of Intent To Establish Open
Seasons
This document announces our intent
to establish open hunting seasons and
daily bag and possession limits for
certain designated groups or species of
migratory game birds for 2014–15 in the
contiguous United States, Alaska,
Hawaii, Puerto Rico, and the Virgin
Islands, under §§ 20.101 through 20.107,
20.109, and 20.110 of subpart K of 50
CFR part 20.
For the 2014–15 migratory game bird
hunting season, we will propose
regulations for certain designated
members of the avian families Anatidae
(ducks, geese, and swans); Columbidae
(doves and pigeons); Gruidae (cranes);
Rallidae (rails, coots, moorhens, and
gallinules); and Scolopacidae
(woodcock and snipe). We describe
these proposals under Proposed 2014–
15 Migratory Game Bird Hunting
Regulations (Preliminary) in this
document. We published definitions of
waterfowl flyways and mourning dove
management units, and a description of
the data used in and the factors affecting
the regulatory process, in the March 14,
1990, Federal Register (55 FR 9618).
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Regulatory Schedule for 2014–15
This document is the first in a series
of proposed, supplemental, and final
rulemaking documents for migratory
game bird hunting regulations. We will
publish additional supplemental
proposals for public comment in the
Federal Register as population, habitat,
harvest, and other information become
available. Because of the late dates
when certain portions of these data
become available, we anticipate
abbreviated comment periods on some
proposals. Special circumstances limit
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the amount of time we can allow for
public comment on these regulations.
Specifically, two considerations
compress the time for the rulemaking
process: the need, on one hand, to
establish final rules early enough in the
summer to allow resource agencies to
select and publish season dates and bag
limits before the beginning of hunting
seasons and, on the other hand, the lack
of current status data on most migratory
game birds until later in the summer.
Because the regulatory process is
strongly influenced by the times when
information is available for
consideration, we divide the regulatory
process into two segments: early seasons
and late seasons (further described and
discussed above in the Background and
Overview section).
Major steps in the 2014–15 regulatory
cycle relating to open public meetings
and Federal Register notifications are
illustrated in the diagram at the end of
this proposed rule. All publication dates
of Federal Register documents are target
dates.
All sections of this and subsequent
documents outlining hunting
frameworks and guidelines are
organized under numbered headings.
These headings are:
1. Ducks
A. General Harvest Strategy
B. Regulatory Alternatives
C. Zones and Split Seasons
D. Special Seasons/Species Management
i. September Teal Seasons
ii. September Teal/Wood Duck Seasons
iii. Black Ducks
iv. Canvasbacks
v. Pintails
vi. Scaup
vii. Mottled Ducks
viii. Wood Ducks
ix. Youth Hunt
x. Mallard Management Units
xi. Other
2. Sea Ducks
3. Mergansers
4. Canada Geese
A. Special Seasons
B. Regular Seasons
C. Special Late Seasons
5. White-Fronted Geese
6. Brant
7. Snow and Ross’s (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. Moorhens and Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-Tailed Pigeons
16. Mourning Doves
17. White-Winged and White-Tipped Doves
18. Alaska
19. Hawaii
20. Puerto Rico
21. Virgin Islands
22. Falconry
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23. Other
Later sections of this and subsequent
documents will refer only to numbered
items requiring your attention.
Therefore, it is important to note that we
will omit those items requiring no
attention, and remaining numbered
items will be discontinuous and appear
incomplete.
We will publish final regulatory
alternatives for the 2014–15 duck
hunting seasons in mid-July. We will
publish proposed early season
frameworks in mid-July and late season
frameworks in mid-August. We will
publish final regulatory frameworks for
early seasons on or about August 15,
2014, and those for late seasons on or
about September 19, 2014.
Request for 2016 Spring and Summer
Migratory Bird Subsistence Harvest
Proposals in Alaska
Background
The 1916 Convention for the
Protection of Migratory Birds between
the United States and Great Britain (for
Canada) established a closed season for
the taking of migratory birds between
March 10 and September 1. Residents of
northern Alaska and Canada
traditionally harvested migratory birds
for nutritional purposes during the
spring and summer months. The 1916
Convention and the subsequent 1936
Mexico Convention for the Protection of
Migratory Birds and Game Mammals
provide for the legal subsistence harvest
of migratory birds and their eggs in
Alaska and Canada during the closed
season by indigenous inhabitants.
On August 16, 2002, we published in
the Federal Register (67 FR 53511) a
final rule that established procedures for
incorporating subsistence management
into the continental migratory bird
management program. These
regulations, developed under a new comanagement process involving the
Service, the Alaska Department of Fish
and Game, and Alaska Native
representatives, established an annual
procedure to develop harvest guidelines
for implementation of a spring and
summer migratory bird subsistence
harvest. Eligibility and inclusion
requirements necessary to participate in
the spring and summer migratory bird
subsistence season in Alaska are
outlined in 50 CFR part 92.
This proposed rule calls for proposals
for regulations that will expire on
August 31, 2016, for the spring and
summer subsistence harvest of
migratory birds in Alaska. Each year,
seasons will open on or after March 11
and close before September 1.
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Alaska Spring and Summer Subsistence
Harvest Proposal Procedures
We will publish details of the Alaska
spring and summer subsistence harvest
proposals in later Federal Register
documents under 50 CFR part 92. The
general relationship to the process for
developing national hunting regulations
for migratory game birds is as follows:
(a) Alaska Migratory Bird CoManagement Council. The public may
submit proposals to the Co-management
Council during the period of November
1–December 15, 2014, to be acted upon
for the 2016 migratory bird subsistence
harvest season. Proposals should be
submitted to the Executive Director of
the Co-management Council, listed
above under the caption ADDRESSES.
(b) Flyway Councils.
(1) The Co-management Council will
submit proposed 2016 regulations to all
Flyway Councils for review and
comment. The Council’s
recommendations must be submitted
before the Service Regulations
Committee’s last regular meeting of the
calendar year in order to be approved
for spring and summer harvest
beginning April 2 of the following
calendar year.
(2) Alaska Native representatives may
be appointed by the Co-management
Council to attend meetings of one or
more of the four Flyway Councils to
discuss recommended regulations or
other proposed management actions.
(c) Service Regulations Committee.
The Co-management Council will
submit proposed annual regulations to
the Service Regulations Committee
(SRC) for their review and
recommendation to the Service Director.
Following the Service Director’s review
and recommendation, the proposals will
be forwarded to the Department of the
Interior for approval. Proposed annual
regulations will then be published in
the Federal Register for public review
and comment, similar to the annual
migratory game bird hunting
regulations. Final spring and summer
regulations for Alaska will be published
in the Federal Register in the preceding
winter after review and consideration of
any public comments received.
Because of the time required for
review by us and the public, proposals
from the Co-management Council for
the 2016 spring and summer migratory
bird subsistence harvest season must be
submitted to the Flyway Councils and
the Service by June 15, 2015, for
Council comments and Service action at
the late-season SRC meeting.
Review of Public Comments
This proposed rulemaking contains
the proposed regulatory alternatives for
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the 2014–15 duck hunting seasons. This
proposed rulemaking also describes
other recommended changes or specific
preliminary proposals that vary from the
2013–14 final frameworks (see August
23, 2013, Federal Register (78 FR
52658) for early seasons and September
20, 2013, Federal Register (78 FR
58124) for late seasons) and issues
requiring early discussion, action, or the
attention of the States or tribes. We will
publish responses to all proposals and
written comments when we develop
final frameworks for the 2014–15
season. We seek additional information
and comments on this proposed rule.
Consolidation of Notices
For administrative purposes, this
document consolidates the notice of
intent to establish open migratory game
bird hunting seasons, the request for
tribal proposals, and the request for
Alaska migratory bird subsistence
seasons with the preliminary proposals
for the annual hunting regulationsdevelopment process. We will publish
the remaining proposed and final
rulemaking documents separately. For
inquiries on tribal guidelines and
proposals, tribes should contact the
following personnel:
Region 1 (Idaho, Oregon, Washington,
Hawaii, and the Pacific Islands)—
Nanette Seto, U.S. Fish and Wildlife
Service, 911 NE 11th Avenue, Portland,
OR 97232–4181; (503) 231–6164.
Region 2 (Arizona, New Mexico,
Oklahoma, and Texas)—Greg Hughes,
U.S. Fish and Wildlife Service, P.O. Box
1306, Albuquerque, NM 87103; (505)
248–7885.
Region 3 (Illinois, Indiana, Iowa,
Michigan, Minnesota, Missouri, Ohio,
and Wisconsin)—Dave Scott, U.S. Fish
and Wildlife Service, 5600 American
Blvd. West, Suite 990, Bloomington, MN
55437–1458; (612) 713–5101.
Region 4 (Alabama, Arkansas, Florida,
Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, Puerto Rico
and Virgin Islands, South Carolina, and
Tennessee)—E. J. Williams, U.S. Fish
and Wildlife Service, 1875 Century
Boulevard, Room 324, Atlanta, GA
30345; (404) 679–4000.
Region 5 (Connecticut, Delaware,
Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont,
Virginia, and West Virginia)—Chris
Dwyer, U.S. Fish and Wildlife Service,
300 Westgate Center Drive, Hadley, MA
01035–9589; (413) 253–8576.
Region 6 (Colorado, Kansas, Montana,
Nebraska, North Dakota, South Dakota,
Utah, and Wyoming)—Casey Stemler,
U.S. Fish and Wildlife Service, P.O. Box
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25486, Denver Federal Building,
Denver, CO 80225; (303) 236–8145.
Region 7 (Alaska)—Pete Probasco,
U.S. Fish and Wildlife Service, 1011
East Tudor Road, Anchorage, AK 99503;
(907) 786–3423.
Region 8 (California and Nevada)—
Marie Strassburger, U.S. Fish and
Wildlife Service, 2800 Cottage Way,
Sacramento, CA 95825–1846; (916) 414–
6727.
Requests for Tribal Proposals
Background
Beginning with the 1985–86 hunting
season, we have employed guidelines
described in the June 4, 1985, Federal
Register (50 FR 23467) to establish
special migratory game bird hunting
regulations on Federal Indian
reservations (including off-reservation
trust lands) and ceded lands. We
developed these guidelines in response
to tribal requests for our recognition of
their reserved hunting rights, and for
some tribes, recognition of their
authority to regulate hunting by both
tribal and nontribal members
throughout their reservations. The
guidelines include possibilities for:
(1) On-reservation hunting by both
tribal and nontribal members, with
hunting by nontribal members on some
reservations to take place within Federal
frameworks, but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by tribal
members only, outside of usual Federal
frameworks for season dates and length,
and for daily bag and possession limits;
and
(3) Off-reservation hunting by tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, tribal regulations
established under the guidelines must
be consistent with the annual March 10
to September 1 closed season mandated
by the 1916 Convention Between the
United States and Great Britain (for
Canada) for the Protection of Migratory
Birds (Convention). The guidelines are
applicable to those tribes that have
reserved hunting rights on Federal
Indian reservations (including offreservation trust lands) and ceded lands.
They also may be applied to the
establishment of migratory game bird
hunting regulations for nontribal
members on all lands within the
exterior boundaries of reservations
where tribes have full wildlife
management authority over such
hunting, or where the tribes and affected
States otherwise have reached
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agreement over hunting by nontribal
members on non-Indian lands.
Tribes usually have the authority to
regulate migratory game bird hunting by
nonmembers on Indian-owned
reservation lands, subject to our
approval. The question of jurisdiction is
more complex on reservations that
include lands owned by non-Indians,
especially when the surrounding States
have established or intend to establish
regulations governing migratory bird
hunting by non-Indians on these lands.
In such cases, we encourage the tribes
and States to reach agreement on
regulations that would apply throughout
the reservations. When appropriate, we
will consult with a tribe and State with
the aim of facilitating an accord. We
also will consult jointly with tribal and
State officials in the affected States
where tribes may wish to establish
special hunting regulations for tribal
members on ceded lands. It is
incumbent upon the tribe and/or the
State to request consultation as a result
of the proposal being published in the
Federal Register. We will not presume
to make a determination, without being
advised by either a tribe or a State, that
any issue is or is not worthy of formal
consultation.
One of the guidelines provides for the
continuation of tribal members’ harvest
of migratory game birds on reservations
where such harvest is a customary
practice. We do not oppose this harvest,
provided it does not take place during
the closed season required by the
Convention, and it is not so large as to
adversely affect the status of the
migratory game bird resource. Since the
inception of these guidelines, we have
reached annual agreement with tribes
for migratory game bird hunting by
tribal members on their lands or on
lands where they have reserved hunting
rights. We will continue to consult with
tribes that wish to reach a mutual
agreement on hunting regulations for
on-reservation hunting by tribal
members.
Tribes should not view the guidelines
as inflexible. We believe that they
provide appropriate opportunity to
accommodate the reserved hunting
rights and management authority of
Indian tribes while also ensuring that
the migratory game bird resource
receives necessary protection. The
conservation of this important
international resource is paramount.
Use of the guidelines is not required if
a tribe wishes to observe the hunting
regulations established by the State(s) in
which the reservation is located.
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Details Needed in Tribal Proposals
Tribes that wish to use the guidelines
to establish special hunting regulations
for the 2014–15 migratory game bird
hunting season should submit a
proposal that includes:
(1) The requested migratory game bird
hunting season dates and other details
regarding the proposed regulations;
(2) Harvest anticipated under the
proposed regulations; and
(3) Tribal capabilities to enforce
migratory game bird hunting
regulations.
For those situations where it could be
shown that failure to limit Tribal
harvest could seriously impact the
migratory game bird resource, we also
request information on the methods
employed to monitor harvest and any
potential steps taken to limit level of
harvest.
A tribe that desires the earliest
possible opening of the migratory game
bird season for nontribal members
should specify this request in its
proposal, rather than request a date that
might not be within the final Federal
frameworks. Similarly, unless a tribe
wishes to set more restrictive
regulations than Federal regulations will
permit for nontribal members, the
proposal should request the same daily
bag and possession limits and season
length for migratory game birds that
Federal regulations are likely to permit
the States in the Flyway in which the
reservation is located.
Tribal Proposal Procedures
We will publish details of tribal
proposals for public review in later
Federal Register documents. Because of
the time required for review by us and
the public, Indian tribes that desire
special migratory game bird hunting
regulations for the 2014–15 hunting
season should submit their proposals as
soon as possible, but no later than June
5, 2014.
Tribes should direct inquiries
regarding the guidelines and proposals
to the appropriate Service Regional
Office listed above under the caption
Consolidation of Notices. Tribes that
request special migratory game bird
hunting regulations for tribal members
on ceded lands should send a courtesy
copy of the proposal to officials in the
affected State(s).
Public Comments
The Department of the Interior’s
policy is, whenever practicable, to
afford the public an opportunity to
participate in the rulemaking process.
Accordingly, we invite interested
persons to submit written comments,
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suggestions, or recommendations
regarding the proposed regulations.
Before promulgation of final migratory
game bird hunting regulations, we will
take into consideration all comments we
receive. Such comments, and any
additional information we receive, may
lead to final regulations that differ from
these proposals.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in the
ADDRESSES section. We will not accept
comments sent by email or fax or to an
address not listed in the ADDRESSES
section. Finally, we will not consider
hand-delivered comments that we do
not receive, or mailed comments that
are not postmarked, by the date
specified in the DATES section.
We will post all comments in their
entirety—including your personal
identifying information—on https://
www.regulations.gov. Before including
your address, phone number, email
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Division of Migratory Bird
Management, Room 4107, 4501 North
Fairfax Drive, Arlington, VA 22203.
For each series of proposed
rulemakings, we will establish specific
comment periods. We will consider, but
may not respond in detail to, each
comment. As in the past, we will
summarize all comments we receive
during the comment period and respond
to them after the closing date in any
final rules.
NEPA Consideration
The programmatic document,
‘‘Second Final Supplemental
Environmental Impact Statement:
Issuance of Annual Regulations
Permitting the Sport Hunting of
Migratory Birds (EIS 20130139),’’ filed
with the Environmental Protection
Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the
Service for issuance of the annual
framework regulations for hunting of
migratory game bird species. We
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published a notice of availability in the
Federal Register on May 31, 2013 (78
FR 32686), and our Record of Decision
on July 26, 2013 (78 FR 45376). We also
address NEPA compliance for waterfowl
hunting frameworks through the annual
preparation of separate environmental
assessments, the most recent being
‘‘Duck Hunting Regulations for 2013–
14,’’ with its corresponding August 19,
2013, finding of no significant impact.
In addition, an August 1985
environmental assessment entitled
‘‘Guidelines for Migratory Bird Hunting
Regulations on Federal Indian
Reservations and Ceded Lands’’ is
available from the address indicated
under the caption FOR FURTHER
INFORMATION CONTACT.
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Endangered Species Act Consideration
Before issuance of the 2014–15
migratory game bird hunting
regulations, we will comply with
provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C.
1531–1543; hereinafter the Act), to
ensure that hunting is not likely to
jeopardize the continued existence of
any species designated as endangered or
threatened or modify or destroy its
critical habitat and is consistent with
conservation programs for those species.
Consultations under section 7 of the Act
may cause us to change proposals in
this and future supplemental proposed
rulemaking documents.
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order (E.O.) 12866 provides
that the Office of Information and
Regulatory Affairs (OIRA) will review
all significant rules. OIRA has reviewed
this rule and has determined that this
rule is significant because it would have
an annual effect of $100 million or more
on the economy.
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the nation’s regulatory
system to promote predictability, to
reduce uncertainty, and to use the best,
most innovative, and least burdensome
tools for achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
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An economic analysis was prepared
for the 2013–14 season. This analysis
was based on data from the 2011
National Hunting and Fishing Survey,
the most recent year for which data are
available (see discussion in Regulatory
Flexibility Act section below). We will
use this analysis again for the 2014–15
season. This analysis estimated
consumer surplus for three alternatives
for duck hunting (estimates for other
species are not quantified due to lack of
data). The alternatives are (1) issue
restrictive regulations allowing fewer
days than those issued during the 2012–
13 season, (2) issue moderate
regulations allowing more days than
those in alternative 1, and (3) issue
liberal regulations identical to the
regulations in the 2012–13 season. For
the 2013–14 season, we chose
Alternative 3, with an estimated
consumer surplus across all flyways of
$317.8–$416.8 million. We also chose
alternative 3 for the 2009–10, the 2010–
11, the 2011–12, and the 2012–13
seasons. The 2013–14 analysis is part of
the record for this rule and is available
at https://www.regulations.gov at Docket
No. FWS–HQ–MB–2014–0017.
Regulatory Flexibility Act
The annual migratory bird hunting
regulations have a significant economic
impact on substantial numbers of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). We analyzed
the economic impacts of the annual
hunting regulations on small business
entities in detail as part of the 1981 costbenefit analysis. This analysis was
revised annually from 1990–95. In 1995,
the Service issued a Small Entity
Flexibility Analysis (Analysis), which
was subsequently updated in 1996,
1998, 2004, 2008, and 2013. The
primary source of information about
hunter expenditures for migratory game
bird hunting is the National Hunting
and Fishing Survey, which is conducted
at 5-year intervals. The 2013 Analysis
was based on the 2011 National Hunting
and Fishing Survey and the U.S.
Department of Commerce’s County
Business Patterns, from which it was
estimated that migratory bird hunters
would spend approximately $1.5 billion
at small businesses in 2013. Copies of
the Analysis are available upon request
from the Division of Migratory Bird
Management (see FOR FURTHER
INFORMATION CONTACT) or from our Web
site at https://www.fws.gov/
migratorybirds/
NewReportsPublications/SpecialTopics/
SpecialTopics.html#HuntingRegs or at
https://www.regulations.gov at Docket
No. FWS–HQ–MB–2014–0017.
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Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Small Business Regulatory Enforcement
Fairness Act
This proposed rule is a major rule
under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. For the reasons outlined
above, this rule would have an annual
effect on the economy of $100 million
or more. However, because this rule
would establish hunting seasons, we do
not plan to defer the effective date
under the exemption contained in 5
U.S.C. 808(1).
Paperwork Reduction Act
This proposed rule does not contain
any new information collection that
requires approval under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid OMB control
number. OMB has reviewed and
approved the information collection
requirements associated with migratory
bird surveys and assigned the following
OMB control numbers:
• 1018–0010—Mourning Dove Call
Count Survey (expires 4/30/2015).
• 1018–0019—North American
Woodcock Singing Ground Survey
(expires 4/30/2015).
• 1018–0023—Migratory Bird
Surveys (expires 4/30/2014). Includes
Migratory Bird Harvest Information
Program, Migratory Bird Hunter
Surveys, Sandhill Crane Survey, and
Parts Collection Survey.
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• 1018–0124—Alaska Migratory Bird
Subsistence Harvest Household Survey
(expires 6/30/2016).
Unfunded Mandates Reform Act
We have determined and certify, in
compliance with the requirements of the
Unfunded Mandates Reform Act, 2
U.S.C. 1502 et seq., that this proposed
rulemaking would not impose a cost of
$100 million or more in any given year
on local or State government or private
entities. Therefore, this rule is not a
‘‘significant regulatory action’’ under
the Unfunded Mandates Reform Act.
Civil Justice Reform—Executive Order
12988
The Department, in promulgating this
proposed rule, has determined that this
proposed rule will not unduly burden
the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2)
of E.O. 12988.
Takings Implication Assessment
In accordance with E.O. 12630, this
proposed rule, authorized by the
Migratory Bird Treaty Act, does not
have significant takings implications
and does not affect any constitutionally
protected property rights. This rule
would not result in the physical
occupancy of property, the physical
invasion of property, or the regulatory
taking of any property. In fact, these
rules would allow hunters to exercise
otherwise unavailable privileges and,
therefore, reduce restrictions on the use
of private and public property.
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Energy Effects—Executive Order 13211
E.O. 13211 requires agencies to
prepare Statements of Energy Effects
when undertaking certain actions.
While this proposed rule is a significant
regulatory action under E.O. 12866, it is
not expected to adversely affect energy
supplies, distribution, or use. Therefore,
this action is not a significant energy
action and no Statement of Energy
Effects is required.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
With Native American Tribal
Governments’’ (59 FR 22951), E.O.
13175, and 512 DM 2, we have
evaluated possible effects on Federallyrecognized Indian tribes and have
determined that there are no effects on
Indian trust resources. However, in this
proposed rule, we solicit proposals for
special migratory bird hunting
regulations for certain Tribes on Federal
Indian reservations, off-reservation trust
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lands, and ceded lands for the 2014–15
migratory bird hunting season. The
resulting proposals will be contained in
a separate proposed rule. By virtue of
these actions, we have consulted with
Tribes affected by this rule.
Federalism Effects
Due to the migratory nature of certain
species of birds, the Federal
Government has been given
responsibility over these species by the
Migratory Bird Treaty Act. We annually
prescribe frameworks from which the
States make selections regarding the
hunting of migratory birds, and we
employ guidelines to establish special
regulations on Federal Indian
reservations and ceded lands. This
process preserves the ability of the
States and tribes to determine which
seasons meet their individual needs.
Any State or Indian tribe may be more
restrictive than the Federal frameworks
at any time. The frameworks are
developed in a cooperative process with
the States and the Flyway Councils.
This process allows States to participate
in the development of frameworks from
which they will make selections,
thereby having an influence on their
own regulations. These rules do not
have a substantial direct effect on fiscal
capacity, change the roles or
responsibilities of Federal or State
governments, or intrude on State policy
or administration. Therefore, in
accordance with E.O. 13132, these
regulations do not have significant
federalism effects and do not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
Authority: The rules that eventually will
be promulgated for the 2014–15 hunting
season are authorized under 16 U.S.C. 703–
711, 16 U.S.C. 712, and 16 U.S.C. 742 a–j.
Dated: April 16, 2014.
Michael J. Bean,
Acting Principal Deputy Assistant Secretary
for Fish and Wildlife and Parks.
Proposed 2014–15 Migratory Game
Bird Hunting Regulations (Preliminary)
Pending current information on
populations, harvest, and habitat
conditions, and receipt of
recommendations from the four Flyway
Councils, we may defer specific
regulatory proposals. No changes from
the final 2013–14 frameworks
established on August 23 and
September 20, 2013 (78 FR 52658 and
78 FR 58124) are being proposed at this
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24517
time. Other issues requiring early
discussion, action, or the attention of
the States or tribes are contained below:
1. Ducks
Categories used to discuss issues
related to duck harvest management are:
(A) General Harvest Strategy, (B)
Regulatory Alternatives, (C) Zones and
Split Seasons, and (D) Special Seasons/
Species Management. Only those
containing substantial recommendations
are discussed below.
A. General Harvest Strategy
We propose to continue using
adaptive harvest management (AHM) to
help determine appropriate duckhunting regulations for the 2014–15
season. AHM permits sound resource
decisions in the face of uncertain
regulatory impacts and provides a
mechanism for reducing that
uncertainty over time. We use AHM to
evaluate four alternative regulatory
levels for duck hunting based on the
population status of mallards. (We enact
special hunting restrictions for species
of special concern, such as canvasbacks,
scaup, and pintails).
Pacific, Central and Mississippi Flyways
The prescribed regulatory alternative
for the Pacific, Central, and Mississippi
Flyways is based on the status of
mallards that contributes primarily to
each Flyway. In the Pacific Flyway, we
set hunting regulations based on the
status and dynamics of western
mallards. Western mallards are those
breeding in Alaska and the northern
Yukon Territory (as based on Federal
surveys in strata 1–12), and in California
and Oregon (as based on Stateconducted surveys). In the Central and
Mississippi Flyways, we set hunting
regulations based on the status and
dynamics of mid-continent mallards.
Mid-continent mallards are those
breeding in central North America
(Federal survey strata 13–18, 20–50, and
75–77, and State surveys in Minnesota,
Wisconsin, and Michigan).
For the 2014–15 season, we
recommend continuing to use
independent optimization to determine
the optimal regulatory choice for each
mallard stock. This means that we
would develop regulations for midcontinent mallards and western
mallards independently, based upon the
breeding stock that contributes
primarily to each Flyway. We detailed
implementation of this new AHM
decision framework in the July 24, 2008,
Federal Register (73 FR 43290).
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Atlantic Flyway
The prescribed regulatory alternative
for the Atlantic Flyway is determined
annually based on the population status
of mallards breeding in eastern North
America (Federal survey strata 51–54
and 56, and State surveys in New
England and the mid-Atlantic region). In
2012, we proposed and subsequently
implemented several changes related to
the population models used in the
eastern mallard AHM protocol (77 FR
42920; July 20, 2012). We propose
continuation of the AHM process for the
2014–15 season using the revised model
set to inform eastern mallard harvest
regulations until a fully revised AHM
protocol is finalized. Further details on
the revised models and results of
simulations of this interim harvest
policy are available on our Web site at
https://www.fws.gov/migratorybirds, or at
https://www.regulations.gov.
Final 2014–15 AHM Protocol
We will detail the final AHM protocol
for the 2014–15 season in the earlyseason proposed rule, which we will
publish in mid-July (see 2014 Schedule
of Regulations Meetings and Federal
Register Publications at the end of this
proposed rule for further information).
We will propose a specific regulatory
alternative for each of the Flyways
during the 2014–15 season after survey
information becomes available in late
summer. More information on AHM is
located at https://www.fws.gov/
migratorybirds/CurrentBirdIssues/
Management/AHM/AHM-intro.htm.
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B. Regulatory Alternatives
The basic structure of the current
regulatory alternatives for AHM was
adopted in 1997. In 2002, based upon
recommendations from the Flyway
Councils, we extended framework dates
in the ‘‘moderate’’ and ‘‘liberal’’
regulatory alternatives by changing the
opening date from the Saturday nearest
October 1 to the Saturday nearest
September 24, and by changing the
closing date from the Sunday nearest
January 20 to the last Sunday in
January. These extended dates were
made available with no associated
penalty in season length or bag limits.
At that time we stated our desire to keep
these changes in place for 3 years to
allow for a reasonable opportunity to
monitor the impacts of framework-date
extensions on harvest distribution and
rates of harvest before considering any
subsequent use (67 FR 12501; March 19,
2002).
For 2014–15, we are proposing to
maintain the same regulatory
alternatives that were in effect last year
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(see accompanying table for specifics of
the proposed regulatory alternatives).
Alternatives are specified for each
Flyway and are designated as ‘‘RES’’ for
the restrictive, ‘‘MOD’’ for the moderate,
and ‘‘LIB’’ for the liberal alternative. We
will announce final regulatory
alternatives in mid-July. We will accept
public comments until June 27, 2014,
and you should send your comments to
an address listed under the caption
ADDRESSES.
D. Special Seasons/Species Management
i. September Teal Seasons
We realize and appreciate the longstanding interest by the Flyway
Councils to pursue additional teal
harvest opportunity. With this interest
in mind, in 2009, the Flyways and
Service began to assess the collective
results of all teal harvest, including
harvest during special September
seasons. The Teal Harvest Potential
Working Group conducted this
assessment work, which included a
thorough assessment of the harvest
potential for both blue-winged and
green-winged teal, as well as an
assessment of the impacts of current
special September seasons on these two
species. Cinnamon teal were
subsequently included in this
assessment.
In the April 9, 2013, Federal Register
(78 FR 21200), we stated that the final
report of the Teal Harvest Potential
Working Group indicated that
additional opportunity could be
provided for blue-winged teal and
green-winged teal. Therefore, last year,
we supported recommendations from
the Atlantic, Mississippi, and Central
Flyway Councils to increase the daily
bag limit from 4 to 6 teal in the
aggregate during the special September
teal season (78 FR 52658; August 23,
2013). However, we also stated that we
did not support additional changes to
the structure of the September teal
season until specific management
objectives for teal have been articulated
and a comprehensive, cross-flyway
approach to developing and evaluating
other potential avenues by which
additional teal harvest opportunity can
be provided has been completed.
Further, we recognized that this
comprehensive approach could
potentially include the addition of new
hunting seasons (e.g., September teal
seasons in northern States), as well as
expanded hunting opportunities (e.g.,
season lengths, bag limits) in States with
existing teal seasons. In order to assess
the overall effects of these potential
changes, we reiterated the need for an
evaluation plan that includes specific
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objectives and is tailored to
appropriately address concerns about
potential impacts resulting from the
type of opportunity offered. Lastly, we
noted that detailed guidance for
conducting special season evaluations is
provided in Supplemental
Environmental Impact Statement (SEIS)
88 (Controlled Use of Special
Regulations, pp. 82–83), and reaffirmed
in SEIS 2013 (Special Regulations, pp.
239–241).
At that time, we recognized that
additional technical and coordination
work would need to be accomplished to
complete this task, and as such, a small
technical group comprised of members
from the Flyway Councils and Service
should be convened. Further, in the
interest of guiding State and Federal
workloads and facilitating a timely
process for providing additional teal
harvest opportunity, we provided the
Flyway Councils with initial
considerations. In summary, we stated
that any proposal to increase teal
harvest, in order to be consistent with
the intent of special regulations, should
direct harvest primarily at blue-winged
teal, and further that if Flyway Councils
wish to pursue past regulatory
approaches such as bonus teal, special
September duck seasons, and Special
September teal/wood duck seasons to
provide additional teal harvest
opportunity, we requested that they
provide compelling information as to
why such policies and approaches
should be reinstated (i.e., bonus teal) or
expanded/modified (i.e., September
duck seasons or September teal/wood
duck seasons). A more detailed
discussion of this guidance and
considerations is contained in the
August 23, 2013, Federal Register (78
FR 52658).
Progress on such work was discussed
at the February 2014 SRC meeting.
During that meeting, the SRC provided
further general guidance on preferred
approaches to providing additional teal
harvest opportunity. The SRC indicated
they were willing to consider proposals
to conduct experimental September teal
seasons in production States if fully
evaluated for impacts to teal and nontarget species. Further, the SRC
indicated a willingness to provide
technical assistance to Flyway Councils
to develop an evaluation plan to assess
the impact to teal as well as non-target
species. However, the SRC indicated
they likely would not consider
proposals to reinstate bonus teal,
expand September duck seasons, or
modify September teal/wood duck
seasons. The SRC reiterated that they
prefer a consistent approach toward
providing additional teal opportunities
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in northern States, and instead support
exploring September teal seasons in
those States. While the SRC realizes that
there are inherent problems with such
an approach, they believe that a
consistent approach across Flyways
provides the best opportunity for an
adequate evaluation of impacts to both
teal and non-target species. Such an
evaluation is necessary for any revision
of the teal harvest strategy in the future
and for meeting the Service’s statutory
responsibilities for the long-term
conservation of the resource. The SRC
also was concerned that reinstatement
of bonus teal regulations could result in
requests extending bonus bag limits to
other species/stocks that are above
objective levels and that potential
changes to the regular season structure
could become more difficult to
implement if bonus bag limits were
reinstated.
We look forward to receiving the
Flyway Councils’ recommendations and
discussing the issues further at the June
2014 meeting.
15. Band-Tailed Pigeons
The Interior population of band-tailed
pigeons north of Mexico occurs
primarily in the States of Colorado, New
Mexico, Utah, and Arizona. Last year,
the Pacific Flyway Council
recommended reducing the daily bag
limit for Interior population of bandtailed pigeons from 5 birds to 2 (season
length was unchanged at about 30 days),
and the Central Flyway Council
recommended no change. The Pacific
Flyway Council also expressed concern
about the status of the population and
what an appropriate framework may be,
and expressed concern about the
inequity between frameworks between
the Pacific Coast and Interior
populations given similar population
trajectories.
While we did not change the federal
frameworks, we did reiterate our longstanding practice of giving considerable
deference to harvest strategies
developed in cooperative Flyway
management plans. We further stated
that a harvest strategy does not exist for
the Interior Population of band-tailed
pigeons even though the development of
one was identified as a high priority
when the management plan was
adopted in 2001. Thus, we
recommended that the two Flyway
Councils discuss this issue and advise
us of the results of these deliberations
at our June 2014 regulatory meeting. It
is our desire to see adoption of a
mutually acceptable harvest strategy for
this population as soon as possible.
We also note that both Arizona and
Utah opted for more restrictive
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regulations last year than the Federal
frameworks allow. While we recognize
the pro-active nature of these voluntary
State restrictions in part of the species’
range, the actions do not fully address
population-wide concerns expressed by
the Pacific Flyway Council. We look
forward to hearing from the Flyway
Councils and discussing the issue
further at the June 2014 meeting.
16. Mourning Doves
In 2003, all four Flyway Councils
approved the Mourning Dove National
Strategic Harvest Plan (Plan). The Plan
represented a new, more informed
means of decision-making for dove
harvest management besides relying
solely on traditional roadside counts of
mourning doves as indicators of
population trend. However, recognizing
that a more comprehensive, national
approach would take time to develop,
we requested the development of
interim harvest strategies, by
management unit, until the elements of
the Plan could be fully implemented. In
2004, each management unit submitted
its respective strategy, but the strategies
used different datasets and different
approaches or methods. After initial
submittal and review in 2006, we
requested that the strategies be revised,
using similar, existing datasets among
the management units along with
similar decision-making criteria. In
2008, we accepted and endorsed the
interim mourning dove harvest
strategies for the Central, Eastern, and
Western Management Units (73 FR
50678; August 27, 2008). In 2009, the
interim harvest strategies were
successfully employed and
implemented in all three Management
Units (74 FR 36870; July 24, 2009). Last
year, we approved implementation of
the national mourning dove harvest
strategy, as developed by the Mourning
Dove Task Force, in the 2014–15
hunting season (78 FR 52658; August
23, 2013). This strategy replaces the
interim harvest strategies that have been
in place since 2009. A copy of the new
strategy is available at available on our
Web site at https://www.fws.gov/
migratorybirds/NewReports
Publications/Dove/MODO%20Harvest
%20Strategy%202014.pdf, or at https://
www.regulations.gov.
23. Other
In a July 26, 2013, Federal Register
(78 FR 45376), the Service issued its
Record of Decision (ROD) for the
migratory bird hunting program,
prepared pursuant to National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.) regulations at 40
CFR 1505.2. An integral component of
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that ROD was the decision to
promulgate annual migratory bird
hunting regulations using a single
process for early and late seasons based
on predictions derived from long-term
biological information and established
harvest strategies. We believe this single
process is the most effective alternative
for addressing key issues identified
during the planning process and will
best achieve the purposes and goals of
the Service and States. At that time, we
stated that implementation of the new
process was targeted for the 2015–16
regulations cycle.
Under this new process, the current
early and late season regulatory actions
(illustrated in the diagram at the end of
this proposed rule) will be combined
into a new single process. Regulatory
proposals will be developed using
biological data from the preceding
year(s), model predictions, or most
recently accumulated data that are
available at the time the proposals are
being formulated. Individual harvest
strategies will be modified using either
data from the previous year(s) or model
predictions because the current year’s
data would not be available for many of
the strategies. Considerable technical
work will be necessary over a period of
years to adjust the underlying biological
models to the new regulatory time scale.
During this transition period, harvest
strategies and prescriptions will be
modified to fit into the new regulatory
schedule. These adjustments could be
accomplished immediately upon
adoption of the new process. Many
existing regulatory prescriptions used
for Canada geese, sandhill cranes,
mourning doves, and American
woodcock currently work on this basis.
The process will be somewhat less
precise in some instances because
population projections would be used
instead of current-year status
information. The use of population
projections rather than current-year
population estimates would add
variability to the population estimate
from which the regulations are based.
However, the uncertainty associated
with these status predictions will be
accounted for and incorporated into the
process. This uncertainty will not result
in a disproportionately higher harvest
rate for any stock, nor substantially
diminish harvest opportunities, either
annually or on a cumulative basis.
Reducing the number of meetings could
lower administrative costs by 40 percent
per year and substantially lower the
Service’s carbon footprint due to a
decrease in travel and a reduction in the
costs associated with the additional
meetings.
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Obviously, under this new process,
the administrative, meeting, and
Federal Register schedule will all
change significantly. In the ROD, we
described a meeting schedule consisting
of SRC regulatory meetings in March or
April. At the latest, proposed
frameworks would be available for
public review by early June and final
frameworks published by mid-August.
The new schedule also allows 30–60
days for public input and comments
(currently, the comment period can be
as short as 10 days). Further, the ROD
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stated that the four Flyway Councils
may need to meet only once instead of
twice per year, and the SRC would meet
twice a year, once sometime during fall
or early winter (September through
January) and once thereafter, instead of
the three times they currently convene.
At this time, we do not anticipate
implementation of the new process until
the 2016–17 season at the earliest. As
we previously stated, there is
considerable technical work necessary
over a period of years to adjust the
underlying biological models to the new
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regulatory time scale. We are currently
working with the Flyway Councils on a
number of administrative, meeting, and
Federal Register schedule timing
options to implement the new
regulatory process. This ultimately may
involve a regulatory schedule that
begins earlier than was envisioned in
the ROD. Over the course of the next
year, we look forward to working with
the Councils to find a mutually
agreeable process.
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24522
Agencies
[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Proposed Rules]
[Pages 24511-24522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09572]
[[Page 24511]]
Vol. 79
Wednesday,
No. 83
April 30, 2014
Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 20
Migratory Bird Hunting; Proposed 2014-15 Migratory Game Bird Hunting
Regulations (Preliminary) With Requests for Indian Tribal Proposals and
Requests for 2016 Spring and Summer Migratory Bird Subsistence Harvest
Proposals in Alaska; Proposed Rule
Federal Register / Vol. 79 , No. 83 / Wednesday, April 30, 2014 /
Proposed Rules
[[Page 24512]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS-R9-HQ-2014-00017; FF09M21200-134-FXMB1231099BPP0]
RIN 1018-AZ80
Migratory Bird Hunting; Proposed 2014-15 Migratory Game Bird
Hunting Regulations (Preliminary) With Requests for Indian Tribal
Proposals and Requests for 2016 Spring and Summer Migratory Bird
Subsistence Harvest Proposals in Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; availability of supplemental information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service or
we) proposes to establish annual hunting regulations for certain
migratory game birds for the 2014-15 hunting season. We annually
prescribe outside limits (frameworks) within which States may select
hunting seasons. This proposed rule provides the regulatory schedule,
describes the proposed regulatory alternatives for the 2014-15 duck
hunting seasons, requests proposals from Indian tribes that wish to
establish special migratory game bird hunting regulations on Federal
Indian reservations and ceded lands, and requests proposals for the
2016 spring and summer migratory bird subsistence season in Alaska.
Migratory game bird hunting seasons provide opportunities for
recreation and sustenance; aid Federal, State, and tribal governments
in the management of migratory game birds; and permit harvests at
levels compatible with migratory game bird population status and
habitat conditions.
DATES: You must submit comments on the proposed regulatory alternatives
for the 2014-15 duck hunting seasons on or before June 27, 2014.
Following subsequent Federal Register notices, you will be given an
opportunity to submit comments for proposed early-season frameworks by
July 29, 2014, and for proposed late-season frameworks and subsistence
migratory bird seasons in Alaska by August 29, 2014. Tribes must submit
proposals and related comments on or before June 5, 2014. Proposals
from the Co-management Council for the 2016 spring and summer migratory
bird subsistence harvest season must be submitted to the Flyway
Councils and the Service on or before June 13, 2014.
ADDRESSES: You may submit comments on the proposals by one of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments on Docket No. FWS-HQ-
MB-2014-0017.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-HQ-MB-2014-0017; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We will not accept emailed or faxed comments. We will post all
comments on https://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Public
Comments section below for more information).
Send your proposals for the 2016 spring and summer migratory bird
subsistence season in Alaska to the Executive Director of the Co-
management Council, U.S. Fish and Wildlife Service, 1011 E. Tudor Road,
Anchorage, AK 99503; or fax to (907) 786-3306; or email to
ambcc@fws.gov.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, at: Division of
Migratory Bird Management, U.S. Fish and Wildlife Service, Department
of the Interior, MS MBSP-4107-ARLSQ, 1849 C Street NW., Washington, DC
20240; (703) 358-1714. For information on the migratory bird
subsistence season in Alaska, contact Donna Dewhurst, U.S. Fish and
Wildlife Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK
99503; (907) 786-3499.
SUPPLEMENTARY INFORMATION:
Background and Overview
Migratory game birds are those bird species so designated in
conventions between the United States and several foreign nations for
the protection and management of these birds. Under the Migratory Bird
Treaty Act (16 U.S.C. 703-712), the Secretary of the Interior is
authorized to determine when ``hunting, taking, capture, killing,
possession, sale, purchase, shipment, transportation, carriage, or
export of any * * * bird, or any part, nest, or egg'' of migratory game
birds can take place, and to adopt regulations for this purpose. These
regulations are written after giving due regard to ``the zones of
temperature and to the distribution, abundance, economic value,
breeding habits, and times and lines of migratory flight of such
birds'' and are updated annually (16 U.S.C. 704(a)). This
responsibility has been delegated to the Service as the lead Federal
agency for managing and conserving migratory birds in the United
States. However, migratory game bird management is a cooperative effort
of State, Tribal, and Federal governments.
The Service develops migratory game bird hunting regulations by
establishing the frameworks, or outside limits, for season lengths, bag
limits, and areas for migratory game bird hunting. Acknowledging
regional differences in hunting conditions, the Service has
administratively divided the Nation into four Flyways for the primary
purpose of managing migratory game birds. Each Flyway (Atlantic,
Mississippi, Central, and Pacific) has a Flyway Council, a formal
organization generally composed of one member from each State and
Province in that Flyway. The Flyway Councils, established through the
International Association of Fish and Wildlife Agencies (IAFWA), also
assist in researching and providing migratory game bird management
information for Federal, State, and Provincial governments, as well as
private conservation agencies and the general public.
The process for adopting migratory game bird hunting regulations,
located at 50 CFR part 20, is constrained by three primary factors.
Legal and administrative considerations dictate how long the rulemaking
process will last. Most importantly, however, the biological cycle of
migratory game birds controls the timing of data-gathering activities
and thus the dates on which these results are available for
consideration and deliberation.
The process includes two separate regulations-development
schedules, based on early and late hunting season regulations. Early
hunting seasons pertain to all migratory game bird species in Alaska,
Hawaii, Puerto Rico, and the Virgin Islands; migratory game birds other
than waterfowl (i.e., dove, woodcock, etc.); and special early
waterfowl seasons, such as teal or resident Canada geese. Early hunting
seasons generally begin before October 1. Late hunting seasons
generally start on or after October 1 and include most waterfowl
seasons not already established.
There are basically no differences in the processes for
establishing either early or late hunting seasons. For each cycle,
Service biologists gather, analyze, and interpret biological survey
data and provide this information to all those involved in the process
through a series of published status reports and presentations to
Flyway Councils and other interested parties. Because the Service is
required to take abundance of migratory game birds and other factors
into consideration, the Service
[[Page 24513]]
undertakes a number of surveys throughout the year in conjunction with
Service Regional Offices, the Canadian Wildlife Service, and State and
Provincial wildlife management agencies. To determine the appropriate
frameworks for each species, we consider factors such as population
size and trend, geographical distribution, annual breeding effort, the
condition of breeding and wintering habitat, the number of hunters, and
the anticipated harvest.
After frameworks are established for season lengths, bag limits,
and areas for migratory game bird hunting, States may select season
dates, bag limits, and other regulatory options for the hunting
seasons. States may always be more conservative in their selections
than the Federal frameworks but never more liberal.
Notice of Intent To Establish Open Seasons
This document announces our intent to establish open hunting
seasons and daily bag and possession limits for certain designated
groups or species of migratory game birds for 2014-15 in the contiguous
United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands,
under Sec. Sec. 20.101 through 20.107, 20.109, and 20.110 of subpart K
of 50 CFR part 20.
For the 2014-15 migratory game bird hunting season, we will propose
regulations for certain designated members of the avian families
Anatidae (ducks, geese, and swans); Columbidae (doves and pigeons);
Gruidae (cranes); Rallidae (rails, coots, moorhens, and gallinules);
and Scolopacidae (woodcock and snipe). We describe these proposals
under Proposed 2014-15 Migratory Game Bird Hunting Regulations
(Preliminary) in this document. We published definitions of waterfowl
flyways and mourning dove management units, and a description of the
data used in and the factors affecting the regulatory process, in the
March 14, 1990, Federal Register (55 FR 9618).
Regulatory Schedule for 2014-15
This document is the first in a series of proposed, supplemental,
and final rulemaking documents for migratory game bird hunting
regulations. We will publish additional supplemental proposals for
public comment in the Federal Register as population, habitat, harvest,
and other information become available. Because of the late dates when
certain portions of these data become available, we anticipate
abbreviated comment periods on some proposals. Special circumstances
limit the amount of time we can allow for public comment on these
regulations.
Specifically, two considerations compress the time for the
rulemaking process: the need, on one hand, to establish final rules
early enough in the summer to allow resource agencies to select and
publish season dates and bag limits before the beginning of hunting
seasons and, on the other hand, the lack of current status data on most
migratory game birds until later in the summer. Because the regulatory
process is strongly influenced by the times when information is
available for consideration, we divide the regulatory process into two
segments: early seasons and late seasons (further described and
discussed above in the Background and Overview section).
Major steps in the 2014-15 regulatory cycle relating to open public
meetings and Federal Register notifications are illustrated in the
diagram at the end of this proposed rule. All publication dates of
Federal Register documents are target dates.
All sections of this and subsequent documents outlining hunting
frameworks and guidelines are organized under numbered headings. These
headings are:
1. Ducks
A. General Harvest Strategy
B. Regulatory Alternatives
C. Zones and Split Seasons
D. Special Seasons/Species Management
i. September Teal Seasons
ii. September Teal/Wood Duck Seasons
iii. Black Ducks
iv. Canvasbacks
v. Pintails
vi. Scaup
vii. Mottled Ducks
viii. Wood Ducks
ix. Youth Hunt
x. Mallard Management Units
xi. Other
2. Sea Ducks
3. Mergansers
4. Canada Geese
A. Special Seasons
B. Regular Seasons
C. Special Late Seasons
5. White-Fronted Geese
6. Brant
7. Snow and Ross's (Light) Geese
8. Swans
9. Sandhill Cranes
10. Coots
11. Moorhens and Gallinules
12. Rails
13. Snipe
14. Woodcock
15. Band-Tailed Pigeons
16. Mourning Doves
17. White-Winged and White-Tipped Doves
18. Alaska
19. Hawaii
20. Puerto Rico
21. Virgin Islands
22. Falconry
23. Other
Later sections of this and subsequent documents will refer only to
numbered items requiring your attention. Therefore, it is important to
note that we will omit those items requiring no attention, and
remaining numbered items will be discontinuous and appear incomplete.
We will publish final regulatory alternatives for the 2014-15 duck
hunting seasons in mid-July. We will publish proposed early season
frameworks in mid-July and late season frameworks in mid-August. We
will publish final regulatory frameworks for early seasons on or about
August 15, 2014, and those for late seasons on or about September 19,
2014.
Request for 2016 Spring and Summer Migratory Bird Subsistence Harvest
Proposals in Alaska
Background
The 1916 Convention for the Protection of Migratory Birds between
the United States and Great Britain (for Canada) established a closed
season for the taking of migratory birds between March 10 and September
1. Residents of northern Alaska and Canada traditionally harvested
migratory birds for nutritional purposes during the spring and summer
months. The 1916 Convention and the subsequent 1936 Mexico Convention
for the Protection of Migratory Birds and Game Mammals provide for the
legal subsistence harvest of migratory birds and their eggs in Alaska
and Canada during the closed season by indigenous inhabitants.
On August 16, 2002, we published in the Federal Register (67 FR
53511) a final rule that established procedures for incorporating
subsistence management into the continental migratory bird management
program. These regulations, developed under a new co-management process
involving the Service, the Alaska Department of Fish and Game, and
Alaska Native representatives, established an annual procedure to
develop harvest guidelines for implementation of a spring and summer
migratory bird subsistence harvest. Eligibility and inclusion
requirements necessary to participate in the spring and summer
migratory bird subsistence season in Alaska are outlined in 50 CFR part
92.
This proposed rule calls for proposals for regulations that will
expire on August 31, 2016, for the spring and summer subsistence
harvest of migratory birds in Alaska. Each year, seasons will open on
or after March 11 and close before September 1.
[[Page 24514]]
Alaska Spring and Summer Subsistence Harvest Proposal Procedures
We will publish details of the Alaska spring and summer subsistence
harvest proposals in later Federal Register documents under 50 CFR part
92. The general relationship to the process for developing national
hunting regulations for migratory game birds is as follows:
(a) Alaska Migratory Bird Co-Management Council. The public may
submit proposals to the Co-management Council during the period of
November 1-December 15, 2014, to be acted upon for the 2016 migratory
bird subsistence harvest season. Proposals should be submitted to the
Executive Director of the Co-management Council, listed above under the
caption ADDRESSES.
(b) Flyway Councils.
(1) The Co-management Council will submit proposed 2016 regulations
to all Flyway Councils for review and comment. The Council's
recommendations must be submitted before the Service Regulations
Committee's last regular meeting of the calendar year in order to be
approved for spring and summer harvest beginning April 2 of the
following calendar year.
(2) Alaska Native representatives may be appointed by the Co-
management Council to attend meetings of one or more of the four Flyway
Councils to discuss recommended regulations or other proposed
management actions.
(c) Service Regulations Committee. The Co-management Council will
submit proposed annual regulations to the Service Regulations Committee
(SRC) for their review and recommendation to the Service Director.
Following the Service Director's review and recommendation, the
proposals will be forwarded to the Department of the Interior for
approval. Proposed annual regulations will then be published in the
Federal Register for public review and comment, similar to the annual
migratory game bird hunting regulations. Final spring and summer
regulations for Alaska will be published in the Federal Register in the
preceding winter after review and consideration of any public comments
received.
Because of the time required for review by us and the public,
proposals from the Co-management Council for the 2016 spring and summer
migratory bird subsistence harvest season must be submitted to the
Flyway Councils and the Service by June 15, 2015, for Council comments
and Service action at the late-season SRC meeting.
Review of Public Comments
This proposed rulemaking contains the proposed regulatory
alternatives for the 2014-15 duck hunting seasons. This proposed
rulemaking also describes other recommended changes or specific
preliminary proposals that vary from the 2013-14 final frameworks (see
August 23, 2013, Federal Register (78 FR 52658) for early seasons and
September 20, 2013, Federal Register (78 FR 58124) for late seasons)
and issues requiring early discussion, action, or the attention of the
States or tribes. We will publish responses to all proposals and
written comments when we develop final frameworks for the 2014-15
season. We seek additional information and comments on this proposed
rule.
Consolidation of Notices
For administrative purposes, this document consolidates the notice
of intent to establish open migratory game bird hunting seasons, the
request for tribal proposals, and the request for Alaska migratory bird
subsistence seasons with the preliminary proposals for the annual
hunting regulations-development process. We will publish the remaining
proposed and final rulemaking documents separately. For inquiries on
tribal guidelines and proposals, tribes should contact the following
personnel:
Region 1 (Idaho, Oregon, Washington, Hawaii, and the Pacific
Islands)--Nanette Seto, U.S. Fish and Wildlife Service, 911 NE 11th
Avenue, Portland, OR 97232-4181; (503) 231-6164.
Region 2 (Arizona, New Mexico, Oklahoma, and Texas)--Greg Hughes,
U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, NM 87103;
(505) 248-7885.
Region 3 (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri,
Ohio, and Wisconsin)--Dave Scott, U.S. Fish and Wildlife Service, 5600
American Blvd. West, Suite 990, Bloomington, MN 55437-1458; (612) 713-
5101.
Region 4 (Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, Puerto Rico and Virgin Islands, South
Carolina, and Tennessee)--E. J. Williams, U.S. Fish and Wildlife
Service, 1875 Century Boulevard, Room 324, Atlanta, GA 30345; (404)
679-4000.
Region 5 (Connecticut, Delaware, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,
Vermont, Virginia, and West Virginia)--Chris Dwyer, U.S. Fish and
Wildlife Service, 300 Westgate Center Drive, Hadley, MA 01035-9589;
(413) 253-8576.
Region 6 (Colorado, Kansas, Montana, Nebraska, North Dakota, South
Dakota, Utah, and Wyoming)--Casey Stemler, U.S. Fish and Wildlife
Service, P.O. Box 25486, Denver Federal Building, Denver, CO 80225;
(303) 236-8145.
Region 7 (Alaska)--Pete Probasco, U.S. Fish and Wildlife Service,
1011 East Tudor Road, Anchorage, AK 99503; (907) 786-3423.
Region 8 (California and Nevada)--Marie Strassburger, U.S. Fish and
Wildlife Service, 2800 Cottage Way, Sacramento, CA 95825-1846; (916)
414-6727.
Requests for Tribal Proposals
Background
Beginning with the 1985-86 hunting season, we have employed
guidelines described in the June 4, 1985, Federal Register (50 FR
23467) to establish special migratory game bird hunting regulations on
Federal Indian reservations (including off-reservation trust lands) and
ceded lands. We developed these guidelines in response to tribal
requests for our recognition of their reserved hunting rights, and for
some tribes, recognition of their authority to regulate hunting by both
tribal and nontribal members throughout their reservations. The
guidelines include possibilities for:
(1) On-reservation hunting by both tribal and nontribal members,
with hunting by nontribal members on some reservations to take place
within Federal frameworks, but on dates different from those selected
by the surrounding State(s);
(2) On-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) Off-reservation hunting by tribal members on ceded lands,
outside of usual framework dates and season length, with some added
flexibility in daily bag and possession limits.
In all cases, tribal regulations established under the guidelines
must be consistent with the annual March 10 to September 1 closed
season mandated by the 1916 Convention Between the United States and
Great Britain (for Canada) for the Protection of Migratory Birds
(Convention). The guidelines are applicable to those tribes that have
reserved hunting rights on Federal Indian reservations (including off-
reservation trust lands) and ceded lands. They also may be applied to
the establishment of migratory game bird hunting regulations for
nontribal members on all lands within the exterior boundaries of
reservations where tribes have full wildlife management authority over
such hunting, or where the tribes and affected States otherwise have
reached
[[Page 24515]]
agreement over hunting by nontribal members on non-Indian lands.
Tribes usually have the authority to regulate migratory game bird
hunting by nonmembers on Indian-owned reservation lands, subject to our
approval. The question of jurisdiction is more complex on reservations
that include lands owned by non-Indians, especially when the
surrounding States have established or intend to establish regulations
governing migratory bird hunting by non-Indians on these lands. In such
cases, we encourage the tribes and States to reach agreement on
regulations that would apply throughout the reservations. When
appropriate, we will consult with a tribe and State with the aim of
facilitating an accord. We also will consult jointly with tribal and
State officials in the affected States where tribes may wish to
establish special hunting regulations for tribal members on ceded
lands. It is incumbent upon the tribe and/or the State to request
consultation as a result of the proposal being published in the Federal
Register. We will not presume to make a determination, without being
advised by either a tribe or a State, that any issue is or is not
worthy of formal consultation.
One of the guidelines provides for the continuation of tribal
members' harvest of migratory game birds on reservations where such
harvest is a customary practice. We do not oppose this harvest,
provided it does not take place during the closed season required by
the Convention, and it is not so large as to adversely affect the
status of the migratory game bird resource. Since the inception of
these guidelines, we have reached annual agreement with tribes for
migratory game bird hunting by tribal members on their lands or on
lands where they have reserved hunting rights. We will continue to
consult with tribes that wish to reach a mutual agreement on hunting
regulations for on-reservation hunting by tribal members.
Tribes should not view the guidelines as inflexible. We believe
that they provide appropriate opportunity to accommodate the reserved
hunting rights and management authority of Indian tribes while also
ensuring that the migratory game bird resource receives necessary
protection. The conservation of this important international resource
is paramount. Use of the guidelines is not required if a tribe wishes
to observe the hunting regulations established by the State(s) in which
the reservation is located.
Details Needed in Tribal Proposals
Tribes that wish to use the guidelines to establish special hunting
regulations for the 2014-15 migratory game bird hunting season should
submit a proposal that includes:
(1) The requested migratory game bird hunting season dates and
other details regarding the proposed regulations;
(2) Harvest anticipated under the proposed regulations; and
(3) Tribal capabilities to enforce migratory game bird hunting
regulations.
For those situations where it could be shown that failure to limit
Tribal harvest could seriously impact the migratory game bird resource,
we also request information on the methods employed to monitor harvest
and any potential steps taken to limit level of harvest.
A tribe that desires the earliest possible opening of the migratory
game bird season for nontribal members should specify this request in
its proposal, rather than request a date that might not be within the
final Federal frameworks. Similarly, unless a tribe wishes to set more
restrictive regulations than Federal regulations will permit for
nontribal members, the proposal should request the same daily bag and
possession limits and season length for migratory game birds that
Federal regulations are likely to permit the States in the Flyway in
which the reservation is located.
Tribal Proposal Procedures
We will publish details of tribal proposals for public review in
later Federal Register documents. Because of the time required for
review by us and the public, Indian tribes that desire special
migratory game bird hunting regulations for the 2014-15 hunting season
should submit their proposals as soon as possible, but no later than
June 5, 2014.
Tribes should direct inquiries regarding the guidelines and
proposals to the appropriate Service Regional Office listed above under
the caption Consolidation of Notices. Tribes that request special
migratory game bird hunting regulations for tribal members on ceded
lands should send a courtesy copy of the proposal to officials in the
affected State(s).
Public Comments
The Department of the Interior's policy is, whenever practicable,
to afford the public an opportunity to participate in the rulemaking
process. Accordingly, we invite interested persons to submit written
comments, suggestions, or recommendations regarding the proposed
regulations. Before promulgation of final migratory game bird hunting
regulations, we will take into consideration all comments we receive.
Such comments, and any additional information we receive, may lead to
final regulations that differ from these proposals.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by email or fax or to an address not listed in the
ADDRESSES section. Finally, we will not consider hand-delivered
comments that we do not receive, or mailed comments that are not
postmarked, by the date specified in the DATES section.
We will post all comments in their entirety--including your
personal identifying information--on https://www.regulations.gov. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Division of Migratory Bird Management, Room 4107,
4501 North Fairfax Drive, Arlington, VA 22203.
For each series of proposed rulemakings, we will establish specific
comment periods. We will consider, but may not respond in detail to,
each comment. As in the past, we will summarize all comments we receive
during the comment period and respond to them after the closing date in
any final rules.
NEPA Consideration
The programmatic document, ``Second Final Supplemental
Environmental Impact Statement: Issuance of Annual Regulations
Permitting the Sport Hunting of Migratory Birds (EIS 20130139),'' filed
with the Environmental Protection Agency (EPA) on May 24, 2013,
addresses NEPA compliance by the Service for issuance of the annual
framework regulations for hunting of migratory game bird species. We
[[Page 24516]]
published a notice of availability in the Federal Register on May 31,
2013 (78 FR 32686), and our Record of Decision on July 26, 2013 (78 FR
45376). We also address NEPA compliance for waterfowl hunting
frameworks through the annual preparation of separate environmental
assessments, the most recent being ``Duck Hunting Regulations for 2013-
14,'' with its corresponding August 19, 2013, finding of no significant
impact. In addition, an August 1985 environmental assessment entitled
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian
Reservations and Ceded Lands'' is available from the address indicated
under the caption FOR FURTHER INFORMATION CONTACT.
Endangered Species Act Consideration
Before issuance of the 2014-15 migratory game bird hunting
regulations, we will comply with provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531-1543; hereinafter the Act), to
ensure that hunting is not likely to jeopardize the continued existence
of any species designated as endangered or threatened or modify or
destroy its critical habitat and is consistent with conservation
programs for those species. Consultations under section 7 of the Act
may cause us to change proposals in this and future supplemental
proposed rulemaking documents.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) will review all significant
rules. OIRA has reviewed this rule and has determined that this rule is
significant because it would have an annual effect of $100 million or
more on the economy.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
An economic analysis was prepared for the 2013-14 season. This
analysis was based on data from the 2011 National Hunting and Fishing
Survey, the most recent year for which data are available (see
discussion in Regulatory Flexibility Act section below). We will use
this analysis again for the 2014-15 season. This analysis estimated
consumer surplus for three alternatives for duck hunting (estimates for
other species are not quantified due to lack of data). The alternatives
are (1) issue restrictive regulations allowing fewer days than those
issued during the 2012-13 season, (2) issue moderate regulations
allowing more days than those in alternative 1, and (3) issue liberal
regulations identical to the regulations in the 2012-13 season. For the
2013-14 season, we chose Alternative 3, with an estimated consumer
surplus across all flyways of $317.8-$416.8 million. We also chose
alternative 3 for the 2009-10, the 2010-11, the 2011-12, and the 2012-
13 seasons. The 2013-14 analysis is part of the record for this rule
and is available at https://www.regulations.gov at Docket No. FWS-HQ-MB-
2014-0017.
Regulatory Flexibility Act
The annual migratory bird hunting regulations have a significant
economic impact on substantial numbers of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the
economic impacts of the annual hunting regulations on small business
entities in detail as part of the 1981 cost-benefit analysis. This
analysis was revised annually from 1990-95. In 1995, the Service issued
a Small Entity Flexibility Analysis (Analysis), which was subsequently
updated in 1996, 1998, 2004, 2008, and 2013. The primary source of
information about hunter expenditures for migratory game bird hunting
is the National Hunting and Fishing Survey, which is conducted at 5-
year intervals. The 2013 Analysis was based on the 2011 National
Hunting and Fishing Survey and the U.S. Department of Commerce's County
Business Patterns, from which it was estimated that migratory bird
hunters would spend approximately $1.5 billion at small businesses in
2013. Copies of the Analysis are available upon request from the
Division of Migratory Bird Management (see FOR FURTHER INFORMATION
CONTACT) or from our Web site at https://www.fws.gov/migratorybirds/NewReportsPublications/SpecialTopics/SpecialTopics.html#HuntingRegs or
at https://www.regulations.gov at Docket No. FWS-HQ-MB-2014-0017.
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
Small Business Regulatory Enforcement Fairness Act
This proposed rule is a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. For the reasons outlined
above, this rule would have an annual effect on the economy of $100
million or more. However, because this rule would establish hunting
seasons, we do not plan to defer the effective date under the exemption
contained in 5 U.S.C. 808(1).
Paperwork Reduction Act
This proposed rule does not contain any new information collection
that requires approval under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not
required to respond to a collection of information unless it displays a
currently valid OMB control number. OMB has reviewed and approved the
information collection requirements associated with migratory bird
surveys and assigned the following OMB control numbers:
1018-0010--Mourning Dove Call Count Survey (expires 4/30/
2015).
1018-0019--North American Woodcock Singing Ground Survey
(expires 4/30/2015).
1018-0023--Migratory Bird Surveys (expires 4/30/2014).
Includes Migratory Bird Harvest Information Program, Migratory Bird
Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.
[[Page 24517]]
1018-0124--Alaska Migratory Bird Subsistence Harvest
Household Survey (expires 6/30/2016).
Unfunded Mandates Reform Act
We have determined and certify, in compliance with the requirements
of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
proposed rulemaking would not impose a cost of $100 million or more in
any given year on local or State government or private entities.
Therefore, this rule is not a ``significant regulatory action'' under
the Unfunded Mandates Reform Act.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this proposed rule, has determined
that this proposed rule will not unduly burden the judicial system and
that it meets the requirements of sections 3(a) and 3(b)(2) of E.O.
12988.
Takings Implication Assessment
In accordance with E.O. 12630, this proposed rule, authorized by
the Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule would not result in the physical occupancy
of property, the physical invasion of property, or the regulatory
taking of any property. In fact, these rules would allow hunters to
exercise otherwise unavailable privileges and, therefore, reduce
restrictions on the use of private and public property.
Energy Effects--Executive Order 13211
E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. While this proposed rule is a
significant regulatory action under E.O. 12866, it is not expected to
adversely affect energy supplies, distribution, or use. Therefore, this
action is not a significant energy action and no Statement of Energy
Effects is required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations With Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated possible effects on Federally-recognized Indian tribes and
have determined that there are no effects on Indian trust resources.
However, in this proposed rule, we solicit proposals for special
migratory bird hunting regulations for certain Tribes on Federal Indian
reservations, off-reservation trust lands, and ceded lands for the
2014-15 migratory bird hunting season. The resulting proposals will be
contained in a separate proposed rule. By virtue of these actions, we
have consulted with Tribes affected by this rule.
Federalism Effects
Due to the migratory nature of certain species of birds, the
Federal Government has been given responsibility over these species by
the Migratory Bird Treaty Act. We annually prescribe frameworks from
which the States make selections regarding the hunting of migratory
birds, and we employ guidelines to establish special regulations on
Federal Indian reservations and ceded lands. This process preserves the
ability of the States and tribes to determine which seasons meet their
individual needs. Any State or Indian tribe may be more restrictive
than the Federal frameworks at any time. The frameworks are developed
in a cooperative process with the States and the Flyway Councils. This
process allows States to participate in the development of frameworks
from which they will make selections, thereby having an influence on
their own regulations. These rules do not have a substantial direct
effect on fiscal capacity, change the roles or responsibilities of
Federal or State governments, or intrude on State policy or
administration. Therefore, in accordance with E.O. 13132, these
regulations do not have significant federalism effects and do not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Authority: The rules that eventually will be promulgated for the
2014-15 hunting season are authorized under 16 U.S.C. 703-711, 16
U.S.C. 712, and 16 U.S.C. 742 a-j.
Dated: April 16, 2014.
Michael J. Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and
Parks.
Proposed 2014-15 Migratory Game Bird Hunting Regulations (Preliminary)
Pending current information on populations, harvest, and habitat
conditions, and receipt of recommendations from the four Flyway
Councils, we may defer specific regulatory proposals. No changes from
the final 2013-14 frameworks established on August 23 and September 20,
2013 (78 FR 52658 and 78 FR 58124) are being proposed at this time.
Other issues requiring early discussion, action, or the attention of
the States or tribes are contained below:
1. Ducks
Categories used to discuss issues related to duck harvest
management are: (A) General Harvest Strategy, (B) Regulatory
Alternatives, (C) Zones and Split Seasons, and (D) Special Seasons/
Species Management. Only those containing substantial recommendations
are discussed below.
A. General Harvest Strategy
We propose to continue using adaptive harvest management (AHM) to
help determine appropriate duck-hunting regulations for the 2014-15
season. AHM permits sound resource decisions in the face of uncertain
regulatory impacts and provides a mechanism for reducing that
uncertainty over time. We use AHM to evaluate four alternative
regulatory levels for duck hunting based on the population status of
mallards. (We enact special hunting restrictions for species of special
concern, such as canvasbacks, scaup, and pintails).
Pacific, Central and Mississippi Flyways
The prescribed regulatory alternative for the Pacific, Central, and
Mississippi Flyways is based on the status of mallards that contributes
primarily to each Flyway. In the Pacific Flyway, we set hunting
regulations based on the status and dynamics of western mallards.
Western mallards are those breeding in Alaska and the northern Yukon
Territory (as based on Federal surveys in strata 1-12), and in
California and Oregon (as based on State-conducted surveys). In the
Central and Mississippi Flyways, we set hunting regulations based on
the status and dynamics of mid-continent mallards. Mid-continent
mallards are those breeding in central North America (Federal survey
strata 13-18, 20-50, and 75-77, and State surveys in Minnesota,
Wisconsin, and Michigan).
For the 2014-15 season, we recommend continuing to use independent
optimization to determine the optimal regulatory choice for each
mallard stock. This means that we would develop regulations for mid-
continent mallards and western mallards independently, based upon the
breeding stock that contributes primarily to each Flyway. We detailed
implementation of this new AHM decision framework in the July 24, 2008,
Federal Register (73 FR 43290).
[[Page 24518]]
Atlantic Flyway
The prescribed regulatory alternative for the Atlantic Flyway is
determined annually based on the population status of mallards breeding
in eastern North America (Federal survey strata 51-54 and 56, and State
surveys in New England and the mid-Atlantic region). In 2012, we
proposed and subsequently implemented several changes related to the
population models used in the eastern mallard AHM protocol (77 FR
42920; July 20, 2012). We propose continuation of the AHM process for
the 2014-15 season using the revised model set to inform eastern
mallard harvest regulations until a fully revised AHM protocol is
finalized. Further details on the revised models and results of
simulations of this interim harvest policy are available on our Web
site at https://www.fws.gov/migratorybirds, or at https://www.regulations.gov.
Final 2014-15 AHM Protocol
We will detail the final AHM protocol for the 2014-15 season in the
early-season proposed rule, which we will publish in mid-July (see 2014
Schedule of Regulations Meetings and Federal Register Publications at
the end of this proposed rule for further information). We will propose
a specific regulatory alternative for each of the Flyways during the
2014-15 season after survey information becomes available in late
summer. More information on AHM is located at https://www.fws.gov/migratorybirds/CurrentBirdIssues/Management/AHM/AHM-intro.htm.
B. Regulatory Alternatives
The basic structure of the current regulatory alternatives for AHM
was adopted in 1997. In 2002, based upon recommendations from the
Flyway Councils, we extended framework dates in the ``moderate'' and
``liberal'' regulatory alternatives by changing the opening date from
the Saturday nearest October 1 to the Saturday nearest September 24,
and by changing the closing date from the Sunday nearest January 20 to
the last Sunday in January. These extended dates were made available
with no associated penalty in season length or bag limits. At that time
we stated our desire to keep these changes in place for 3 years to
allow for a reasonable opportunity to monitor the impacts of framework-
date extensions on harvest distribution and rates of harvest before
considering any subsequent use (67 FR 12501; March 19, 2002).
For 2014-15, we are proposing to maintain the same regulatory
alternatives that were in effect last year (see accompanying table for
specifics of the proposed regulatory alternatives). Alternatives are
specified for each Flyway and are designated as ``RES'' for the
restrictive, ``MOD'' for the moderate, and ``LIB'' for the liberal
alternative. We will announce final regulatory alternatives in mid-
July. We will accept public comments until June 27, 2014, and you
should send your comments to an address listed under the caption
ADDRESSES.
D. Special Seasons/Species Management
i. September Teal Seasons
We realize and appreciate the long-standing interest by the Flyway
Councils to pursue additional teal harvest opportunity. With this
interest in mind, in 2009, the Flyways and Service began to assess the
collective results of all teal harvest, including harvest during
special September seasons. The Teal Harvest Potential Working Group
conducted this assessment work, which included a thorough assessment of
the harvest potential for both blue-winged and green-winged teal, as
well as an assessment of the impacts of current special September
seasons on these two species. Cinnamon teal were subsequently included
in this assessment.
In the April 9, 2013, Federal Register (78 FR 21200), we stated
that the final report of the Teal Harvest Potential Working Group
indicated that additional opportunity could be provided for blue-winged
teal and green-winged teal. Therefore, last year, we supported
recommendations from the Atlantic, Mississippi, and Central Flyway
Councils to increase the daily bag limit from 4 to 6 teal in the
aggregate during the special September teal season (78 FR 52658; August
23, 2013). However, we also stated that we did not support additional
changes to the structure of the September teal season until specific
management objectives for teal have been articulated and a
comprehensive, cross-flyway approach to developing and evaluating other
potential avenues by which additional teal harvest opportunity can be
provided has been completed. Further, we recognized that this
comprehensive approach could potentially include the addition of new
hunting seasons (e.g., September teal seasons in northern States), as
well as expanded hunting opportunities (e.g., season lengths, bag
limits) in States with existing teal seasons. In order to assess the
overall effects of these potential changes, we reiterated the need for
an evaluation plan that includes specific objectives and is tailored to
appropriately address concerns about potential impacts resulting from
the type of opportunity offered. Lastly, we noted that detailed
guidance for conducting special season evaluations is provided in
Supplemental Environmental Impact Statement (SEIS) 88 (Controlled Use
of Special Regulations, pp. 82-83), and reaffirmed in SEIS 2013
(Special Regulations, pp. 239-241).
At that time, we recognized that additional technical and
coordination work would need to be accomplished to complete this task,
and as such, a small technical group comprised of members from the
Flyway Councils and Service should be convened. Further, in the
interest of guiding State and Federal workloads and facilitating a
timely process for providing additional teal harvest opportunity, we
provided the Flyway Councils with initial considerations. In summary,
we stated that any proposal to increase teal harvest, in order to be
consistent with the intent of special regulations, should direct
harvest primarily at blue-winged teal, and further that if Flyway
Councils wish to pursue past regulatory approaches such as bonus teal,
special September duck seasons, and Special September teal/wood duck
seasons to provide additional teal harvest opportunity, we requested
that they provide compelling information as to why such policies and
approaches should be reinstated (i.e., bonus teal) or expanded/modified
(i.e., September duck seasons or September teal/wood duck seasons). A
more detailed discussion of this guidance and considerations is
contained in the August 23, 2013, Federal Register (78 FR 52658).
Progress on such work was discussed at the February 2014 SRC
meeting. During that meeting, the SRC provided further general guidance
on preferred approaches to providing additional teal harvest
opportunity. The SRC indicated they were willing to consider proposals
to conduct experimental September teal seasons in production States if
fully evaluated for impacts to teal and non-target species. Further,
the SRC indicated a willingness to provide technical assistance to
Flyway Councils to develop an evaluation plan to assess the impact to
teal as well as non-target species. However, the SRC indicated they
likely would not consider proposals to reinstate bonus teal, expand
September duck seasons, or modify September teal/wood duck seasons. The
SRC reiterated that they prefer a consistent approach toward providing
additional teal opportunities
[[Page 24519]]
in northern States, and instead support exploring September teal
seasons in those States. While the SRC realizes that there are inherent
problems with such an approach, they believe that a consistent approach
across Flyways provides the best opportunity for an adequate evaluation
of impacts to both teal and non-target species. Such an evaluation is
necessary for any revision of the teal harvest strategy in the future
and for meeting the Service's statutory responsibilities for the long-
term conservation of the resource. The SRC also was concerned that
reinstatement of bonus teal regulations could result in requests
extending bonus bag limits to other species/stocks that are above
objective levels and that potential changes to the regular season
structure could become more difficult to implement if bonus bag limits
were reinstated.
We look forward to receiving the Flyway Councils' recommendations
and discussing the issues further at the June 2014 meeting.
15. Band-Tailed Pigeons
The Interior population of band-tailed pigeons north of Mexico
occurs primarily in the States of Colorado, New Mexico, Utah, and
Arizona. Last year, the Pacific Flyway Council recommended reducing the
daily bag limit for Interior population of band-tailed pigeons from 5
birds to 2 (season length was unchanged at about 30 days), and the
Central Flyway Council recommended no change. The Pacific Flyway
Council also expressed concern about the status of the population and
what an appropriate framework may be, and expressed concern about the
inequity between frameworks between the Pacific Coast and Interior
populations given similar population trajectories.
While we did not change the federal frameworks, we did reiterate
our long-standing practice of giving considerable deference to harvest
strategies developed in cooperative Flyway management plans. We further
stated that a harvest strategy does not exist for the Interior
Population of band-tailed pigeons even though the development of one
was identified as a high priority when the management plan was adopted
in 2001. Thus, we recommended that the two Flyway Councils discuss this
issue and advise us of the results of these deliberations at our June
2014 regulatory meeting. It is our desire to see adoption of a mutually
acceptable harvest strategy for this population as soon as possible.
We also note that both Arizona and Utah opted for more restrictive
regulations last year than the Federal frameworks allow. While we
recognize the pro-active nature of these voluntary State restrictions
in part of the species' range, the actions do not fully address
population-wide concerns expressed by the Pacific Flyway Council. We
look forward to hearing from the Flyway Councils and discussing the
issue further at the June 2014 meeting.
16. Mourning Doves
In 2003, all four Flyway Councils approved the Mourning Dove
National Strategic Harvest Plan (Plan). The Plan represented a new,
more informed means of decision-making for dove harvest management
besides relying solely on traditional roadside counts of mourning doves
as indicators of population trend. However, recognizing that a more
comprehensive, national approach would take time to develop, we
requested the development of interim harvest strategies, by management
unit, until the elements of the Plan could be fully implemented. In
2004, each management unit submitted its respective strategy, but the
strategies used different datasets and different approaches or methods.
After initial submittal and review in 2006, we requested that the
strategies be revised, using similar, existing datasets among the
management units along with similar decision-making criteria. In 2008,
we accepted and endorsed the interim mourning dove harvest strategies
for the Central, Eastern, and Western Management Units (73 FR 50678;
August 27, 2008). In 2009, the interim harvest strategies were
successfully employed and implemented in all three Management Units (74
FR 36870; July 24, 2009). Last year, we approved implementation of the
national mourning dove harvest strategy, as developed by the Mourning
Dove Task Force, in the 2014-15 hunting season (78 FR 52658; August 23,
2013). This strategy replaces the interim harvest strategies that have
been in place since 2009. A copy of the new strategy is available at
available on our Web site at https://www.fws.gov/migratorybirds/NewReportsPublications/Dove/MODO%20Harvest%20Strategy%202014.pdf, or at
https://www.regulations.gov.
23. Other
In a July 26, 2013, Federal Register (78 FR 45376), the Service
issued its Record of Decision (ROD) for the migratory bird hunting
program, prepared pursuant to National Environmental Policy Act (NEPA;
42 U.S.C. 4321 et seq.) regulations at 40 CFR 1505.2. An integral
component of that ROD was the decision to promulgate annual migratory
bird hunting regulations using a single process for early and late
seasons based on predictions derived from long-term biological
information and established harvest strategies. We believe this single
process is the most effective alternative for addressing key issues
identified during the planning process and will best achieve the
purposes and goals of the Service and States. At that time, we stated
that implementation of the new process was targeted for the 2015-16
regulations cycle.
Under this new process, the current early and late season
regulatory actions (illustrated in the diagram at the end of this
proposed rule) will be combined into a new single process. Regulatory
proposals will be developed using biological data from the preceding
year(s), model predictions, or most recently accumulated data that are
available at the time the proposals are being formulated. Individual
harvest strategies will be modified using either data from the previous
year(s) or model predictions because the current year's data would not
be available for many of the strategies. Considerable technical work
will be necessary over a period of years to adjust the underlying
biological models to the new regulatory time scale. During this
transition period, harvest strategies and prescriptions will be
modified to fit into the new regulatory schedule. These adjustments
could be accomplished immediately upon adoption of the new process.
Many existing regulatory prescriptions used for Canada geese, sandhill
cranes, mourning doves, and American woodcock currently work on this
basis. The process will be somewhat less precise in some instances
because population projections would be used instead of current-year
status information. The use of population projections rather than
current-year population estimates would add variability to the
population estimate from which the regulations are based. However, the
uncertainty associated with these status predictions will be accounted
for and incorporated into the process. This uncertainty will not result
in a disproportionately higher harvest rate for any stock, nor
substantially diminish harvest opportunities, either annually or on a
cumulative basis. Reducing the number of meetings could lower
administrative costs by 40 percent per year and substantially lower the
Service's carbon footprint due to a decrease in travel and a reduction
in the costs associated with the additional meetings.
[[Page 24520]]
Obviously, under this new process, the administrative, meeting, and
Federal Register schedule will all change significantly. In the ROD, we
described a meeting schedule consisting of SRC regulatory meetings in
March or April. At the latest, proposed frameworks would be available
for public review by early June and final frameworks published by mid-
August. The new schedule also allows 30-60 days for public input and
comments (currently, the comment period can be as short as 10 days).
Further, the ROD stated that the four Flyway Councils may need to meet
only once instead of twice per year, and the SRC would meet twice a
year, once sometime during fall or early winter (September through
January) and once thereafter, instead of the three times they currently
convene.
At this time, we do not anticipate implementation of the new
process until the 2016-17 season at the earliest. As we previously
stated, there is considerable technical work necessary over a period of
years to adjust the underlying biological models to the new regulatory
time scale. We are currently working with the Flyway Councils on a
number of administrative, meeting, and Federal Register schedule timing
options to implement the new regulatory process. This ultimately may
involve a regulatory schedule that begins earlier than was envisioned
in the ROD. Over the course of the next year, we look forward to
working with the Councils to find a mutually agreeable process.
BILLING CODE 4310-55-P
[[Page 24521]]
TP30AP14.009
[[Page 24522]]
TP30AP14.010
[FR Doc. 2014-09572 Filed 4-29-14; 8:45 am]
BILLING CODE 4310-55-C